Snavely, Luther, Esquire

Garcia-Mendoza & Snavely

501 South 7th Street
Las Vegas, NV 89101-0000
Name: VILLARRUEL, SALVADOR JR
U.S. Department of Justice
Executive Ofce fr Immigation Review
Board of Immigration Appeals
Ofce of the Clerk
51071eesburg Pike. Suite 2000
Fals Ch11rch. Vrinia 21041
OHS/ICE Ofice of Chief Counsel - LOS
606 S. Olive Street, 8th Floor
Los Angeles, CA 90014
A092-722-540
Date of this notice: 3/17/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
King, Jean C.
Sincerely,
Donna Car
Chief Clerk
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Cite as: Salvador Jr. Villareal, A092 722 540 (BIA March 17, 2011)
VILLARRUEL, SALVADOR JR
A 092-722-540
501 THE CIT DRIVE SOUTH
ORANGE, CA 92868
Name: VILLARRUEL, SALVADOR JR
U.S. Department of Justice
Executive Ofce fr Immigation Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Vrginia 12041
OHS/ICE Ofice of Chief Counsel LOS
606 S. Olive Street, 8th Floor
Los Angeles, CA 90014
A092-722540
Date of this notice: 3/17/2011
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been sered with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be removed
from the United States or affirms an Immigration Judge's decision ordering that you be
removed, any petition for review of the attached decision must be filed with and received by the
appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
King, Jean C.
Sincerelv.
DO Ct1
Donna Carr
Chief Clerk
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Cite as: Salvador Jr. Villareal, A092 722 540 (BIA March 17, 2011)
E.S. :eparment of Justice
Executve Ofce fr Imigation Review
Decision of te Board of Imigton Appeals
Falls Curch Virginia 22041
File: A092 722 540 - Orange, CA
I re: SALVADOR J. VILLARRUEL
IN BOND PROCEEDIGS
APPEA
ON BEHALF OF RSPONDENT: Luther Snavely, Esquire
APPLICATION: Change in custody status
Date:
MAR
1 7 2011
This is a appeal by the respondent fom an Immigation Judge
,
s December I 0, 20 I 0, bond order
denying the respondenf s request fr a change in custody status. The appeal will be sustained, and
te record will be remanded to the Immigation Judge.
The Immigation Judge, in his Januar 20, 2011, bond memorandum, deterined tat the
respondenfs ineligibility fr any fr ofreliefrendered him a fight risk.
On appeal, the respondent contends that he has many ties to the United States ad does not pose
a fight risk. The respondent entered the United States in 1980, when he was 2 yeas old. He now
has been i the United States fr over 30 years. He is married to a United States citizen ad has two
United States citizen children. He is the benefciary of an approved visa petition fled by his wif,
although the Imigation Judge noted that te respondent would not be able to adjust his status in
the United States due to his manner of entry. The respondent also has been employed wit the sae
compay fr over 2 years.
Under the circumstances of this case, where the respondent is not subject to mandatory detention
ad has sigifcant and long-standing ties to the United States, we do not fnd tat the respondent
is such a fight risk that no amount of bond could guarantee his appeaace at fture immigation
hearings. Accordingly, the appeal will be sustained, and the record will be remanded fr te
Immigation Judge to set an appropriate bond.1
ORER: The appeal is sustained.
FUTHER ORDER: The record is remanded to the Immigation Judge fr fer proceedings
consistent with the fregoing opinion and fr the enty of a new decision.
#
(
M
FOR T.B
1 We note that the respondent indicated that the Departent of Homeland Security (DHS) sought
a bond of$7,500.
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Cite as: Salvador Jr. Villareal, A092 722 540 (BIA March 17, 2011)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
IMMIGRTION COURT
606 SOUTH OLIV ST., 15TH FL.
LOS AGELES, CA 90014
VILLRUEL, SAVAOR JR
C/O ICE CUSTODY 501 THE CITY DRIVE SOUTH
ORGE, CA 92868
IN THE MATTER OF
VILLRRUEL, SALVAOR JR
FILE A 092-722-540
UABLE TO FORWARD - NO ADRESS PROVIDED
DATE: Jan 20, 2011
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE. THIS DECISION
IS FINAL ULESS A APPEAL IS FILED WITH THE BOAD OF IMMIGRATION APPEALS
WITHIN 30 CALENDA DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AD FEE OR FEE WAIVR REQUEST
MUST BE MAILED TO: BOAD OF IMMIGRTION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE AS THE RESULT
OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEAING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMIGRTION A NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 u.s.c. SECTION 1229a(c) (6) IN REMOVA PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
606 SOUTH OLIVE ST., 15TH FL.
,
LOS AGEL
.
( C 90014
\ OTHER: _ _ ___ r _ _ f ___ _ _ _ _ __ ' __ __ -------
CC: WOODS, JILLIA, ESQ.
606 S. OLIVE ST., 8TH FLOOR
LOS ANGELES, CA, 900140000
CO CLERK 7
IIGRTION c6URT
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A092-722-540 VILLARRUEL, Salvador Jr.
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LOS ANGELES, CALIFORNIA
File No.: 092 722 540
In the Matter of:
VILLARRUEL, Salvador Jr.
Respondent.
}
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IN BOND PROCEEDINGS
}
ON BEHALF OF RESPONDENT:
Salvador Villarel, Jr.
Respondent appearing in Pro Se
Custodial Ofcer
50 I The City Drive South
Orange, Califria 92868
. .
.

r
ON BEHALF OF THE DEPARTMENT:
Assistant Chief Counsel
Department of Homeland Security
606 South Olive Street, 8th Floor
Los Angeles, Califria 90014
DECISION AND ORDER OF THE IMMIGRATION JUDGE
Respondent is a native and citizen of Mexico. On October 22, 20 I 0, the Department of
Homeland Security (hereinafer Department) efected personal serice of a Notice to Appear
(hereinafer NT A) on him. Therein, the Department assered a number of allegations regarding
Respondent's alienage, citizenship, and manner of entr to the United States. The Department
charged Respondent as an inadmissible alien pursuant to INA 212(a)(6)(A)(i), as he had
entered the United States without admission or parole afer inspection by an authorized
immigration ofcer.
Respondent is curently detained by the Deparment. On Janua 28, 2011, he appeared
befre this Court fr a bond redeterination. Respondent presented evidence that he was the
benefciar of an approved 1-130, Petition fr Alien Relative, and he asserted that he was eligible
fr relief in the fr of Adjustment of Status. Afer reviewing the documents submitted by
Respondent, the Court concluded that Respondent was ineligible fr adjustment of status as the
Form 1-130, Petition fr Alien Relative was fled on May 21, 20 I 0. Because Respondent entered
the United States without admission or parole afer inspection by an authorized immigration
ofcer, and his Form 1-130, Petition fr Alien Relative was fled afer April 30, 200 I,
Respondent is ineligible to adjust status in the United States. Respondent did not indicate any
intention to fle any other application fr relief. Consequently, the Court determined that
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A092-722-540 VILLARUEL, Salvador Jr.
Respondent is ineligible fr any frm of relief and has no reason to appear befre this Court fr
any future hearings.
In Matter of Guerra, 24 l&N Dec. 27 (BIA 2006), the Board of Immigration Appeals
(hereinafer Board) made clear that,. under INA 236(a), the Court "has extremely broad
discretion in deciding whether or.not to release an alien on bond." Matter of Guera at 39.
Relying on Carlson v. Landon, 342 U.S. 524 (1952) (holding that denial of bail to an alien with
be overuled only where it is shown to be "without a reasonable fundation"), the Board stated
there is no limitation on the discretionar fctors that may be considered by the Court when
ruling on custody and bond issues
Afer examining Respondent's testimony and the documents contained in the record, the
Court deterines, as a matter of discretion that Respondent poses a substantial fight risk based
on his lack of available relief. In fct, the Court believes that Respondent has little to no
incentive to appear fr any fture hearings or execution of a removal order.
Accordingly, the fllowing order will be entered:
Respondent's request fr bond redeterimination be DENIED.
Dated: (
I
i/
..
. . .
. '
Immigration Judge
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